ALLENTONIAN DENIED EARLY PAROLE IN DEATH OF MAN HE HIT AT BAR

DEBBIE GARLICKI, The Morning CallTHE MORNING CALL

An Allentown man who has two months to serve in Lehigh County Prison before becoming eligible for parole was denied early parole yesterday by a judge who said his sentence could have been more severe for the death of a man he punched in a bar.

Saying he felt remorse for the family of the man, who died of a fractured skull, John Plusar asked Judge James N. Diefenderfer for an early release from prison where he has been since June 17 when he received an eight- to 23-month sentence.

Plusar, 37, of 607 Grant St. pleaded guilty to involuntary manslaughter in the death of James E. Gumph on Jan. 5.

He earlier testified that Gumph was pestering him while both were in the Windsor House on 3rd Street in Whitehall Township and that Gumph fell when he punched him.

Plusar's attorney, Edward Zamborsky, contended that "there is nothing further to be gained by keeping Mr. Plusar in prison," adding that from a rehabilitation standpoint, two more months in prison would not benefit Plusar.

In opposing the request, District Attorney William Platt disagreed, saying the purpose of imprisonment in his case was not rehabilitation, but punishment, and an effort to deter "conduct of this sort" by showing sentences are carried out to their full minimums.

He received a sentence that was less than what could have been imposed under the sentencing guidelines, received work release eight days after he was in prison and "has had many breaks in the prison as a result of that," Platt said.

Gumph's father, Charles, who did not object to the negotiated plea to involuntary manslaughter, opposed early parole for Plusar, an assembler for Mack Trucks.

"I think it was a just sentence," he said. "Why change it?"

Plusar said he has sought the help of a psychologist because he feels "very guilty about what I have done . . . I liked Jim a lot."

"Don't you feel it's appropriate that you serve at least the minimum sentence in this case, eight months?" Platt asked him.

Plusar said, "Yes," but told the court he wanted an early release because "I feel I don't belong there."

"I didn't mean it to happen," he said.

His parents testified that they sympathized with the Gumph family for their loss.

In ruling that Plusar should serve the remaining time, Diefenderfer said the court was not vindictive and showed that by allowing Plusar work release and a lesser sentence.